D. SWAMINATHAN Vs. REGISTRAR

JUDGEMENT

(1.) This writ petition challenges the order passed by the 1st respondent holding that the Government of Tamil Nadu shall pay Rs.5,00,000.00 as compensation to the 2nd respondent/complainant and to recover the same from the salary of the writ petitioner. In addition, the State Human Rights Commission (in short " the Commission") has recommended initiation of departmental action as well as criminal prosecution against the writ petitioner.

(2.) The case of the 2nd respondent/complainant is that on 3/11/2011, one Srinivasan and herself had entered into a loan agreement with one Manjula for selling a property for a sale consideration of Rs.50,25,000.00. They have received several amounts from Manjula on various dates, in all amounting to Rs.12,00,000.00. Manjula was supposed to settle the remaining amount of Rs.38,25,000.00, prior to registration of the property. Srinivasan through his wife transferred his share, by way of a sale deed, in document No.932/2012.

(3.) It is the further case of the 2nd respondent/complainant that despite repeated requests by Manjula, the 2nd respondent/complainant refused to perform her part of sale agreement dtd. 3/11/2011. Consequently, it ended up in the civil court by presentation of a suit in O.S.No.175 of 2017 on the file of the Principal Sub Court, Mayiladuthurai. It is also stated that another suit in O.S.No.52 of 2012 had been filed and later withdrawn with liberty to file a fresh suit on the same cause of action. These facts are narrated only to show that there is an existing civil dispute between the 2nd respondent/complainant and Manjula.